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Author: Frans Viljoen
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 672
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Book Description
The first in a series of PULP commentaries on African human rights law, under the series title: PULP Commentaries on African human rights law Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.
Author: Frans Viljoen
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 672
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Book Description
The first in a series of PULP commentaries on African human rights law, under the series title: PULP Commentaries on African human rights law Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.
Author: Rachel Murray
Publisher: Oxford University Press
ISBN: 0192538594
Category : Law
Languages : en
Pages : 1165
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Book Description
The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
Author: Ashwanee Budoo-Scholtz
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 334
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Book Description
COVID-19 has become one of the most severe issues dominating discussions on the agendas of states globally, and across the African continent, since its emergence in 2019. The COVID-19 pandemic has regrettably brought into sharp focus the continued multiple and intersecting forms of discrimination faced by women and girls in Africa because of their intersecting identities. Yet, paradoxically, although African women are disproportionately affected by the crisis, they are largely invisible in the responses. Several African states and governments have taken different policy measures in response to the pandemic. These responses have taken different dimensions, including shutting down economies, imposition of lockdowns, coercive quarantine measures with police enforcement and criminal consequences for offenders violating these rules. Unfortunately, these responses have reinforced and amplified women’s disproportionate disadvantage and gender inequalities in Africa. Against this backdrop, this book asks the intersectional question about women’s experiences during the COVID-19 pandemic in Africa. Applying an intersectional human rights lens involves questioning how the intersecting identities that African women embody affect their experiences of the COVID-19 pandemic.
Author: Patricia Schulz
Publisher: Oxford University Press
ISBN: 0192862812
Category : Law
Languages : en
Pages : 1041
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Book Description
This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
Author: Romola Adeola
Publisher: Routledge
ISBN: 1351591681
Category : Political Science
Languages : en
Pages : 170
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Book Description
Within the context of the 2009 Kampala Convention, this book examines how a balance can be struck between the imperative of development projects and the rights of persons likely to be displaced in Africa. Following independence, many African states embarked on large-scale development projects such as dams, urban renewal and extraction of natural resources and have had to grapple with how to protect displaced communities while implementing development projects. These projects were considered a panacea for Africa’s development and the economic interests of the majority were often considered over and above the interests of the minority of people who were displaced by these projects .This book examines how a balance can be struck between the imperative of development and the rights of displaced persons within the context of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). Romola Adeola analyses the obligations that are placed on African states by the Kampala Convention in the context of development-induced displacement. This book will be of interest to scholars of human rights law, forced migration, African Studies and development.
Author: Emma Charlene Lubaale
Publisher: Springer Nature
ISBN: 3030759490
Category : Social Science
Languages : en
Pages : 401
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Book Description
This book examines violence against women in Africa and criminal justice from the perspective of African scholars, practitioners and experts. As a global and long-standing issue, violence against women is gaining public visibility across the African continent with some states announcing a national crisis warranting immediate redress. At the global level, the elimination of all forms of violence against all women and girls forms a key part of United Nations Sustainable Development Goal 5: Gender Equality. Split across two volumes, these books present a comprehensive analysis of the latest research and theories, principles and practices of criminal justice systems, criminal justice accountability mechanisms, and the key challenges women face in their quest for justice on the African continent. Volume I focusses on legislation and its impact, the limitations of criminal justice responses, and the cultural and social norms regarding access to justice. Volume II examines sexual violence and vulnerable women’s access to justice in Africa. They adopt a comparative approach that highlight gaps and good practices to provide a rich source of authoritative information for promoting an intra-African dialogue and cross-fertilization of ideas across the different criminal justice traditions in Africa. Both volumes seek to advance discussions on eliminating violence against women in Africa and speak to those interested in criminal justice, violence, gender studies and African legal studies.
Author: Rachel H. Murray
Publisher: Cambridge University Press
ISBN: 1107054923
Category : Law
Languages : en
Pages : 313
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Book Description
By what process and mechanisms can the findings of the African Commission be implemented and that implementation monitored?
Author: Ebenezer Durojaye
Publisher: Taylor & Francis
ISBN: 1040028934
Category : Social Science
Languages : en
Pages : 289
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Book Description
This collection draws upon a range of thematic and regional case studies and uses the right to health as a normative framework to explore the devastating impact of the COVID-19 pandemic in Africa. Drawing lessons from across the continent, the book discusses the challenges faced by African states seeking to ensure the availability, accessibility, and quality of health care in the context of the COVID-19 pandemic. In particular, the volume explores the impact of the pandemic on the right to health of vulnerable and marginalized groups, such as women, children, elderly persons with disabilities, refugees and asylum seekers, and people from disadvantaged communities. Due to the poor funding of the healthcare systems, access to health-related services was limited to these groups in many African countries, thereby leading to avoidable COVID-19-related deaths through shortages of vital supplies, including diagnostic tests, ventilators, and oxygen cylinders. Chapters in the volume also explore the contentious issues of vaccine mandates, equity, resource allocation, and the rights of healthcare providers during the pandemic. This collection will be of interest to students of public health, human rights, and the social sciences, as well as to academics and policymakers with an interest in the nexus between the COVID-19 pandemic and public health policy in Africa.
Author: Stefan Kadelbach
Publisher: Springer
ISBN: 3319948482
Category : Law
Languages : en
Pages : 663
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Book Description
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author: Christopher Roberts
Publisher: Cambridge University Press
ISBN: 1009080695
Category : Political Science
Languages : en
Pages : 257
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Book Description
This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.
